Cases - Seddon Properties Ltd v Secretary of State for the Environment and Macclesfield Borough Council
Record details
- Name
- Seddon Properties Ltd v Secretary of State for the Environment and Macclesfield Borough Council
- Date
- [1978]; (1981)
- Citation
- 2 EGLR 148; 42 P&CR 26
- Legislation
- Keywords
- Planning control - Town and Country Planning (Inquiries Procedure) (England) Rules 2000
- Summary
-
The Seddon principles:
- The Secretary of State must not act perversely. This is another example of the Wednesbury principle.
- The Secretary of State must not take account of irrelevant material or fail to take into account that which is relevant (Ashbridge Investments Ltd v Minister of Housing and Local Government).
- The Secretary of State must abide by the statutory procedures, in particular the inquiries procedure rules [now the 2000 Rules]. These rules require him to give reasons for his decision after a planning inquiry and those reasons must be proper and adequate reasons which are clear and intelligible and deal with the substantial points which have been raised.
- The Secretary of State must not depart from the principles of natural justice - Lord Justice Russell in Fairmount Investments v Secretary of State for the Environment.
- If the Secretary of State differs from his inspector on a finding of fact or takes into account any new evidence or issue of fact not canvassed at the inquiry he must, if this involves disagreeing with his inspector's recommendations, notify the parties and give them at least an opportunity of making further representations: Rule 12 of the Town and Country Planning (Inquiries Procedure) (England) Rules 2000.